2015 February California Bar Exam Forum

[morescotchplease]

chew gum
sleep well and in 90-min intervals
reorder your essays ahead of time
bring a watch to the mbe
get there before the proctor says to get there (not just before the "official" start time like 9)

it's like 2 weeks away idk if anyone will even think about this in 2 weeks

good luck everyone. i'm quoting this because why not maybe you forgot in the last 2 weeks. here is a short related discussion starting from this post: http://www.top-law-schools.com/forums/v ... 5#p8377102

here's a more elaborated version with a 6th tip, which is not to rely on subject predictions if you can. saccuzzo (sp?) has been more often wrong than right, at least when i faced the beast, even with his very general "predictions" (if this, if that...)

http://us8.campaign-archive2.com/?u=284 ... b2af8cc4a3

What's the ordering essays about? Don't they mail them out to you anyways? Or is there something that I didn't get?? I got my entire packet back after July.

reorder your essays at the exam, meaning don't just do them in order you get them. reorder to your liking. easiest to hardest, hardest to easiest, etc.

[melvinIII]

Do we apply Van Camp and Pereira only at Divorce? So upon death SP business can be given away by will without compensating the other spouse that helped enhance the business?

Thanks

I think it applies anytime CP enhances the value of a SP business

[reasonable troll]

ughhhhhh am i the only one to whom PR seems really slippery?

it just seems like the way barbri has presented it does not have a clear structure, or even a name for all of the "duties" a lawyer is supposed to have. every time i try a new essay the sample answer presents me with some vague statement that "a lawyer must not _[new thing that i have never seen mentioned before]_____"

i'd care less if PR weren't virtually guaranteed to be on the exam. not solid enough on other subjects to punt PR either.

/rant

[CourtneyElizabeth]

ughhhhhh am i the only one to whom PR seems really slippery?

it just seems like the way barbri has presented it does not have a clear structure, or even a name for all of the "duties" a lawyer is supposed to have. every time i try a new essay the sample answer presents me with some vague statement that "a lawyer must not _[new thing that i have never seen mentioned before]_____"

i'd care less if PR weren't virtually guaranteed to be on the exam. not solid enough on other subjects to punt PR either.

/rant

Haha I tend to agree. "Duty not to look at the client in the wrong way".

[CourtneyElizabeth]

Do we apply Van Camp and Pereira only at Divorce? So upon death SP business can be given away by will without compensating the other spouse that helped enhance the business?

Thanks

I think it applies anytime CP enhances the value of a SP business

Yeah thats what I get too. The business, at death, can be willed away and the spouse that helped it with CP is SOL if it wasn't willed to him/her.

[morescotchplease]

ughhhhhh am i the only one to whom PR seems really slippery?

it just seems like the way barbri has presented it does not have a clear structure, or even a name for all of the "duties" a lawyer is supposed to have. every time i try a new essay the sample answer presents me with some vague statement that "a lawyer must not _[new thing that i have never seen mentioned before]_____"

i'd care less if PR weren't virtually guaranteed to be on the exam. not solid enough on other subjects to punt PR either.

/rant

Haha I tend to agree. "Duty not to look at the client in the wrong way".

one thing for certain is you can always squeeze in duty of competence regarding any lawyer mentioned in any essay subject.

[CourtneyElizabeth]

Wills question - I can't seem to figure out what the difference is between an Ademption by Satisfaction and an Advancement. Both are inter vivos property that are given during the T's lifetime, taken against the heir's share. Is the difference then what happens at T's death?

Is this correct - at T's death, for Ademption the heir receives nothing because his/her gift has been satisfied, while the heir in Advancement will still receive what's left of their share ?? Thanks!

I had thought Advancement related to where the T dies intestate (so it is an Advancement against the beneficiary's intestate share) and Satisfaction relates to where the beneficiary gets what they were entitled to under the will.

I have also struggled with the difference though, but this is the best I can come up with so far.

Oh. Not sure, 100% either way. The material I read made it seem like the B predeceased the T in both cases, but there's just so much swirling around that I could very well be wrong/read it incorrectly.

ADEMPTION is if the specific property that is to be given is not part of the testators estate at the time of death. if the T doesn't have the specific property at death, the beneficiary isn't entitled to the proceeds of the specific property.
ADVANCEMENT means it's in the will, but the T gives it to the beneficiary before he dies. Like I leave my car to Jim but he gives the car to Jim before he dies.

Right??

[SpAcEmAn SpLiFF]

Quick evidence question:

In a criminal case, if defendant opens the door to a victim's character, the prosecution can rebut with their own character evidence of the victim or evidence to show that the defendant has the same trait. Are there any limits to the type of trait that the prosecution can address? For example, we usually use the self-defense hypo to illustrate this (defendant says victim is violent and attacked first; prosecution rebuts with evidence that victim is peaceful or that defendant himself is violent). What if the character at issue was clumsiness, stupidity, etc.? Assuming the character trait was relevant and the defendant opened the door, could the prosecution rebut, under the FRE and CEC?

Sorry if this is a dumb question. I'm losing my mind.

[Law School]

Do we apply Van Camp and Pereira only at Divorce? So upon death SP business can be given away by will without compensating the other spouse that helped enhance the business?

Thanks

I think it applies anytime CP enhances the value of a SP business

Yeah thats what I get too. The business, at death, can be willed away and the spouse that helped it with CP is SOL if it wasn't willed to him/her.

Thanks for your response! I guess on the essay I will argue both and let the court decide, because a court does not have to use Van Camp or Pierera. And the facts will hint at the calculations since they have to give us the numbers. In all the examples discuss divorce situations, so I was confused. I agree that SP can be willed away, so I guess non-owner spouse will be SOL.

[melvinIII]

Do we apply Van Camp and Pereira only at Divorce? So upon death SP business can be given away by will without compensating the other spouse that helped enhance the business?

Thanks

I think it applies anytime CP enhances the value of a SP business

Yeah thats what I get too. The business, at death, can be willed away and the spouse that helped it with CP is SOL if it wasn't willed to him/her.

Thanks for your response! I guess on the essay I will argue both and let the court decide, because a court does not have to use Van Camp or Pierera. And the facts will hint at the calculations since they have to give us the numbers. In all the examples discuss divorce situations, so I was confused. I agree that SP can be willed away, so I guess non-owner spouse will be SOL.

Wait, are you guys saying that if wife brings a SP business to marriage and then wills it away, surviving husband gets no part of it at her death?

What I was saying is upon the death of a married person, one-half of the community property belongs to the surviving spouse and the other half belongs to the decedent. So surviving spouse is entitled to one-half of the community’s interest in the increased value of the other spouse's SP business upon the death of that spouse.

[Law School]

Sorry for confusing the issues. You both clarified the confusion for me. CP wil get its interest in enhanced SP business upon divorce and death. Thank you!

[Evaly]

Ugh! I can only remember rules if I had to write them out in an actual essay. Needless to say I am doing a lot of practice essays. But I am afraid that the test will be on an area where I haven't done an essay before. In which case I am screwed.

I can probably bullshit something from the vague things I do remember, but does writing bs help on the CA essays at all? Is it better to not write it if there is a decent chance I am actually stating the wrong rule?

[morescotchplease]

Ugh! I can only remember rules if I had to write them out in an actual essay. Needless to say I am doing a lot of practice essays. But I am afraid that the test will be on an area where I haven't done an essay before. In which case I am screwed.

I can probably bullshit something from the vague things I do remember, but does writing bs help on the CA essays at all? Is it better to not write it if there is a decent chance I am actually stating the wrong rule?

I feel you. I started doing some essays on the rarely tested areas, like the con law one on executive powers...and I couldn't think of a single decent sentence to write.

[YibanRen]

Ugh! I can only remember rules if I had to write them out in an actual essay. Needless to say I am doing a lot of practice essays. But I am afraid that the test will be on an area where I haven't done an essay before. In which case I am screwed.

I can probably bullshit something from the vague things I do remember, but does writing bs help on the CA essays at all? Is it better to not write it if there is a decent chance I am actually stating the wrong rule?

I feel you. I started doing some essays on the rarely tested areas, like the con law one on executive powers...and I couldn't think of a single decent sentence to write.

When I took the CA bar, we had a whole question part on the 13th Amendment.

[morescotchplease]

Ugh! I can only remember rules if I had to write them out in an actual essay. Needless to say I am doing a lot of practice essays. But I am afraid that the test will be on an area where I haven't done an essay before. In which case I am screwed.

I can probably bullshit something from the vague things I do remember, but does writing bs help on the CA essays at all? Is it better to not write it if there is a decent chance I am actually stating the wrong rule?

I feel you. I started doing some essays on the rarely tested areas, like the con law one on executive powers...and I couldn't think of a single decent sentence to write.

When I took the CA bar, we had a whole question part on the 13th Amendment.

Yea I saw that. What freaked me out more is that I don't even really have anything on the 13th amendment in my outline.

[CourtneyElizabeth]

Ugh! I can only remember rules if I had to write them out in an actual essay. Needless to say I am doing a lot of practice essays. But I am afraid that the test will be on an area where I haven't done an essay before. In which case I am screwed.

I can probably bullshit something from the vague things I do remember, but does writing bs help on the CA essays at all? Is it better to not write it if there is a decent chance I am actually stating the wrong rule?

I feel you. I started doing some essays on the rarely tested areas, like the con law one on executive powers...and I couldn't think of a single decent sentence to write.

When I took the CA bar, we had a whole question part on the 13th Amendment.

I took that one. Failed that one, too. I guess I should glance at the 13th Amendment. Just in case.
Also to whomever clarified the CP Business at death, thank you!

[morescotchplease]

Ugh! I can only remember rules if I had to write them out in an actual essay. Needless to say I am doing a lot of practice essays. But I am afraid that the test will be on an area where I haven't done an essay before. In which case I am screwed.

I can probably bullshit something from the vague things I do remember, but does writing bs help on the CA essays at all? Is it better to not write it if there is a decent chance I am actually stating the wrong rule?

I feel you. I started doing some essays on the rarely tested areas, like the con law one on executive powers...and I couldn't think of a single decent sentence to write.

When I took the CA bar, we had a whole question part on the 13th Amendment.

I took that one. Failed that one, too. I guess I should glance at the 13th Amendment. Just in case.
Also to whomever clarified the CP Business at death, thank you!

What are some other "hidden" areas that people are glancing at?

[BobbyBooBoo]

[quote="Evaly"]

What are some other "hidden" areas that people are glancing at?/quote]

Executive powers, I feel like with all the politics going on recently, I wouldn't be surprised to see a executive power question. Congress and the president has some issues, can the courts step in or will political question bar them?

[CourtneyElizabeth]

Executive powers, I feel like with all the politics going on recently, I wouldn't be surprised to see a executive power question. Congress and the president has some issues, can the courts step in or will political question bar them?

Lets see what you got for executive powers? I guess I an go over those flash cards and little bit in my outline…WHAT ELSE WHAT ELSE THIS IS GOOD?!
I'm reviewing remedies right now while just reading tons and tons of old bar questions on all topics.

[Evaly]

Lets see what you got for executive powers? I guess I an go over those flash cards and little bit in my outline…WHAT ELSE WHAT ELSE THIS IS GOOD?!
I'm reviewing remedies right now while just reading tons and tons of old bar questions on all topics.

I just did a remedy question that asked for only remedies based on trust theories. I was COMPLETELY lost.

[CourtneyElizabeth]

Lets see what you got for executive powers? I guess I an go over those flash cards and little bit in my outline…WHAT ELSE WHAT ELSE THIS IS GOOD?!
I'm reviewing remedies right now while just reading tons and tons of old bar questions on all topics.

I just did a remedy question that asked for only remedies based on trust theories. I was COMPLETELY lost.

Say what now?!
Check out the full remedied question that was on the July 2013 one. Hell, check out that whole exam. It was a clusterfuck.

[BobbyBooBoo]

Executive powers, I feel like with all the politics going on recently, I wouldn't be surprised to see a executive power question. Congress and the president has some issues, can the courts step in or will political question bar them?

Lets see what you got for executive powers? I guess I an go over those flash cards and little bit in my outline…WHAT ELSE WHAT ELSE THIS IS GOOD?!
I'm reviewing remedies right now while just reading tons and tons of old bar questions on all topics.

War time powers, appointment powers and firing powers, and veto power.

[BobbyBooBoo]

Finally at the point where I can cold call most elements of a topic. Just went through a 3 hour cold calling exercise of every law in con. law, real property, torts, contracts, evidence, civil procedure and criminal law/procedure. I actually missed a element on claim preclusion in civil pro., through, pretty mad at myself. And the first step in getting a class action certified for california courts.

Got it all almost all verbatim. I even memorized the order of flash cards I had the topics in lol. I feel like a tool just sitting here talking to myself reciting everything.

At least I think I got the MBE topics down. Now for the more scary stuff sigh. I feel like wanting to fight a alligator, I better not fail again, so many job opportunities are riding on this exam.

Anyways, not gonna post anymore. Time to get myself amped up and focused, good luck everyone. See you guys on the other side.

[melvinIII]

Ugh! I can only remember rules if I had to write them out in an actual essay. Needless to say I am doing a lot of practice essays. But I am afraid that the test will be on an area where I haven't done an essay before. In which case I am screwed.

I can probably bullshit something from the vague things I do remember, but does writing bs help on the CA essays at all? Is it better to not write it if there is a decent chance I am actually stating the wrong rule?

Obviously writing the correct rule is ideal, but I think it's much better to fabricate a rule if you see an issue that you don't know the rule for instead of writing nothing. That way, at least the graders will see that you identified the issue.

[cndounda1985]

Can someone explain constructive delivery v. symbolic delivery in a trust? I can't find anything in my outline on the difference..im about to must make something up lol

Thanks!